Terms & Conditions

Terms & Conditions

Terms & Conditions

Any use by you of the website www.citymetro.co.uk (the “Site”) is conditional upon your acceptance of these Terms & Conditions, including our Privacy Policy.

Your use of the Site indicates that you accept these Terms & Conditions, regardless of whether or not you choose to register with us.

We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. Any such amendments shall come into effect immediately once posted; therefore it is your responsibility to periodically review this page.

Your continued use of the Site will be deemed acceptance of any such amended Terms & Conditions.

IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY Camberwell Cars LIMITED (CMT) (THE “COMPANY”).

1. SERVICE ACCESS

1.1 While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company will not be liable if for any reason the Site is unavailable at any time or for any period.

1.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

2. LICENCE

2.1 You are permitted to print and download extracts from the Site solely for your lawful, personal, non-commercial use on the following basis:

(a) no text, documents, graphics or other content on the Site are modified in any way;

(b) no graphics on the Site are used separately from accompanying text; and

(c) the Company’s copyright notice and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material and content on the Site (including without limitation, text, images, web pages, sound, software (including code, interface and website structure), video, photographs and graphical images, and the look and feel, design and compilation thereof) are owned by the Company or its licensors.

For the purposes of these Terms & Conditions, any use of extracts from the Site other than in accordance with paragraph 1.1 above for any purpose is prohibited.

For the avoidance of doubt, you agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by the Company or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, make available to any person, or create derivative words of such material or content.

If you breach any of these Terms & Conditions, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.

2.3 The Company is the owner and/or authorised user of all trademarks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or licence to any such intellectual property accessed on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

2.4 Subject to paragraph 2.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.5 Any rights not expressly granted in these Terms & Conditions are reserved.

3. VISITORS MATERIAL AND CONDUCT

3.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Site will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its appointed web designer will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

3.2 You are prohibited from posting or transmitting to or from the Site any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or

(d) which is harmful in a technical sense (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)

3.3 You may not misuse the Site (including without limitation, by hacking it).

3.4 The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2 and/or 3.3.

4. REGISTRATION

4.1 Each registration is for a single user (which may be either an individual or company) only. The Company reserves the right to make it impermissible for you to share your user name and password with any other person or with multiple users on a network.

4.2 Responsibility for the security of any passwords issued rests with the registered user.

5. ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to the Company (for example, emails to manager, admin or bookings) via the Site, you are communicating with the Company electronically. The Company may communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.

6. LINKS TO AND FROM OTHER WEBSITES

6.1 Any links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. The Company has not reviewed any of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

6.2 If you would like to link to the Site, you may only do so on the basis that you link to (but do not replicate) the home page of the Site, subject also to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the CMT logo;

(b) you do not create a frame or any other browser or border environment around the Site;

(c) you do not in any way imply that the Company is endorsing any product(s) or service(s) other than its own;

(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;

(e) you do not otherwise use any CMT trademarks displayed on the Site without express written permission from the Company;

(f) you do not link from a website that is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all appli Private Hirele laws and regulations.

6.3 The Company expressly reserves the right to revoke the right granted in the appli Private Hirele paragraph for breach of these Terms & Conditions and to take any further action it deems appropriate.

6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of the appli Private Hirele paragraph.

7. INDEMNIFICATION

In addition you will indemnify the Company against any loss, damage or cost incurred by the Company arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules.

You will also indemnify the Company against any claims that information or material which you have submitted to the Company is in violation of any law or in breach of any third party rights (including without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).

The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with the Company in any such defences.

8. DISCLAIMER

8.1 Whilst the Company endeavours to ensure that the information on the Site is correct, the Company does not warrant the accuracy and completeness of the material on the Site. The Company may make changes to the material on the Site, or to the products, services and prices described in it, at any time without notice. The material on the Site may be out of date and the Company makes no commitment to update such material.

8.2 The material on the Site is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have an effect in relation to the Site.

9. WITHHELD NUNMBERS

CMT will not accept calls from ‘private’ or ‘withheld’ telephone numbers. This direct action has been taken to protect our drivers as all violent crimes or thefts against the driver reported to the police has been committed by callers who withheld their number(s).

10. PRICE TARIFF

CMT’s up to date price tariff can be found on this website under Price List.

10.1 Where the Company has quoted a price other than the Price from the Price List, the price so quoted shall be valid for 24 hours only or such other time(s) as the Company may specify from time to time.

10.2 Reservations made for Services to be rendered on 24th, 25th, 26th December and 1st January will be subject to an additional surcharge of 50% on the Prices quoted or displayed on the Price List.

11. BOOKINGS

CMT always try to run a reliable service, however, sometimes cars cannot arrive at the time a customer has booked, for reasons beyond our control. If your car is running late, please contact our office immediately on 020 7701 5555 or 0207 703 4461 and we will do our best to tell you why your car is late and advise you approximately the time the car is due to arrive.

CMT will endeavour to book details correctly, however, we will not be held responsible for any misunderstandings during telephone bookings between the booking clerk and the customer resulting in late arrival of the vehicle, incorrect vehicle type or non arrival due to a cancelled booking.

CMT will occasionally in rare circumstances sub-contract bookings out to other London LICENSED Private Hire Operators to ensure the booked journey is completed. This only occurs if the CMT Booking Centre has operational difficulties beyond their control which are rare but can sometimes occur.

CMT is an agency for self-employed drivers and therefore will not be held responsible for driver’s activities outside our control.

CMT provide drivers with satellite navigation systems to guide them to the pick location and drop off destination as required. CMT will not be held responsible for the driver’s actions when using this equipment.

Bookings for children – It is a policy of CMT not to accept bookings for unaccompanied children under 18 years of age. However, we will always send a driver to collect a stranded child if this is the case. A customer may only purchase the Service if they are at least 18 years old.

Wheelchair Accessible Vehicles – CMT do not set any ADDITIONAL charges for any specific customer, however we publish a tariff to attract specific vehicles. These rates are set to attract drivers and customers to use our service.

If for any reason, a customer has a complaint against a driver (or any of our authorised representatives) they should go to the contacts section of the website at first, where they will be able to register the complaint.

Or write to us at: – Camberwell Cars Ltd,

27 Denmark Hill

Camberwell

LONDON

SE5 8RS

Or Email us at: – manager@citymetro.co.uk

If however you feel that CMT did not handle your complaint satisfactorily you can contact: – London Private Hireand Private Hire, Palestra, 4th Floor (Green Zone), 197 Blackfriars Road, London SE1 8NJ who is our licensing body. Details of CMT and all licensed private hire operators can be found at www.tfl.gov.uk

The Contract constitutes the entire agreement between all parties and the Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.

A business customer, it hereby confirms that it has the authority to bind any business on whose behalf it uses the Company’s website to purchase the Services.

Sub-contracting companies including drivers are not authorised to make any representations or claims concerning the Service unless confirmed in writing by the Company. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed.

No variation of a Contract shall be binding unless agreed in writing by the parties thereof.

The Company’s total liability to the business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the Price of the Services.

Account Bookings

Without limiting any other right or remedy of the Company, if the Customer fails to make any payment due to the Company under the Contract by the due date for payment, the Company shall have the right to charge interest on the overdue amount at the rate of 4% per cent per annum above the then current Bank of England’s base rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.

The Company will under no circumstances whatsoever be liable to the business Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

Airport & Other Bookings

The Company or any of its Authorised Representative will accept the reservation made by the Customer by sending to the same an e-mail of confirmation. The Contract will only be formed when such a confirmation e-mail is sent to the Customer. No reservation submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company or an authorised representative of the Company.

A maximum travelling time of 45 minutes for address collections and 1 hour for airport collections will be allocated, after which time non-contact with Customers will classify the reservation to be a “no-show” and will be subject to the clauses as defined. For the purpose hereof, a “No-show” is defined as an event whereby a Customer:-

(a) in case of address collection, fails to meet the driver on the agreed pick-up time and at the agreed pick-up point and/or failure to response to calls made by the driver to establish a contact within 10 minutes; or

(b) in case of airport collection, fails to meet the driver in the arrival hall. This means that the driver will wait in the arrival hall up to 1 hour from flight landing time and if the Customer fails to meet within this time limit or make contact to inform their status at the airport will be considered as a no show. All bookings made online or over the phone for Services to be paid cash to the driver will be secured by providing valid credit or debit card details and be charged with the full amount in the event of a no-show by the Customer. All Services paid in advance by credit or debit card will not be refunded in the event of a no-show by the Customer.

The Prices are based on Customers being ready to travel at the booked time. Customers must book their airport travel arrangements in accordance with check-in times and guidelines provided by their relevant airline.

All meetings apart from airports waiting time are free for the first 10 minutes; thereafter you will be charged 25p per minute on the entire waiting time. In case of airports meetings, the first 60 minutes waiting time from the time of landing is free and additional free waiting time can be requested at the time of booking; thereafter Customers will be charged 25p per minute. There is no additional charge for flight delays.

Prices quoted are flat rates, any diversions, additional set downs or pickups by Customers will incur a minimum charge of £5.00 per diversion, set down or pickup. Prices quoted for Services that are not subsequently booked will have a validity of 24 hours.

Neither the Company nor any of its (contracted or sub-contracted) drivers or its suppliers will accept responsibility for loss or damage to the Customers’ luggage. Customers are responsible for ensuring that their luggage is loaded/unloaded on the vehicle at all times. The Company or any of its (contracted or sub-contracted) third parties have the right to refuse any Customer or to make the journey due to the Customer having excess luggage which would result in the vehicle being unsafe whilst in motion.

Vehicles are booked by Customers as requested by the same, Saloon and Estate cars carry a maximum of 4 Customers and luggage. Larger vehicles that can carry more than 4 Customers and their luggages are available and can be booked as required. Please check the Company’s website for luggage limitations and vehicle types or phone our booking desk for more clarification.

In the instance where an unaccompanied luggage is transported:

(a) the Customer agrees to defend, indemnify and hold the Company and, without limitation, its owners, workers, clients, agents and driver harmless from any and all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys’ fees, arising from, or related to, any acts or omissions of the Customer; and

(b) the Company will use its reasonable endeavours to deliver the luggage to the exact destination as booked by the Customer. If upon delivery the driver is unable to obtain a signature for the receipt of luggage, the driver may return the luggage to our office where storage and additional delivery costs will be incurred.

Although we always consider live traffic conditions, if the driver cannot attend an assigned job due to unexpected traffic difficulties we will do our best to forward the job to one of our partner companies that operate in the proximity of the pickup location. Please note that in this case the responsibility for job fulfilment is shifted to the partner company and any further complaints should be addressed to them.

Without prejudice to the set clauses, if the Customer leaves the pickup point without informing the Company or takes a mini Private Hire or a black Private Hire from another company without the consent of the Company, the latter will not be liable for any compensation.

The Company uses Google Maps to improve the Website user experience for our Customers. However, the Company does not assume any responsibility for the maps accuracy, distance or time displayed by Google Maps. This is a third party service, if the Customer wants to know the exact distance, the average time of a journey or other information displayed by Google Maps, they should call our Customer Service team on +44 (0) 20 7701 5555 or email the Company at manager@citymetro.co.uk with the time and date of the booking.

12. CREDIT CARD BOOKINGS

The credit card booking is taken from the customer by CMT on behalf of the driver(s). CMT will charge a handling administration fee and will despatch a driver to carry out the booked journey. CMT is not obliged to refund any fare if the booking is cancelled less than 4 hours prior to the journey pick up time as the driver would have been allocated to this job.

13. CUSTOMERS OBLIGATIONS

If the Company’s performance or any of its obligations under the Contract is prevented or delayed by any Customer Default:

(a) the Company shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve itself from the performance of any of its obligations to the extent the Customer Default prevents or delays the Company’s performance of any of its obligations;

(b) the Company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in the clauses defined; and

(c) the Customer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Customer Default.

14. CANCELLATION & REFUND POLICY

The cancellation of vehicles booked by Customers and not suitable for the purposes thereof will be subject to the clauses defined in case such vehicles are driven up to the agreed pick-up point. ND POLICY

Refunds will be issued only on the following grounds:

Any cancellation or refund due on a payment made by a credit or debit card should be notified at least 4 hours to actual pick up time.

We will make a refund if a passenger misses a flight and informs us in advance via phone and obtains a cancellation number.

All cancellations are subject to minimum fee of £6.00

No refunds will be issued for the following:

Cancellations notified under 4 hours

If the passenger books the Private Hire Vehicle (PHV) on a wrong date, or wrong flight number and/or any other misleading information.

If a passenger leaves the pickup point without notifying or informing us for any reason whatsoever.

15. RECEIPTS

CMT is a booking agency and we act as agents for driver(s) and therefore the following terms and condition apply. If you require a receipt for your journey, we must advise you that drivers are self employed and not VAT registered. Therefore, any receipt given for cash or credit card payment will not include VAT or have VAT added.

Account work/job carried out on behalf of CMT attracts an administration charge and VAT added at the appli Private Hirele rate.

16. LIABILITY

16.1 The Company and/or any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and any other of the Company’s group of companies and its officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including without limitation or negligence) contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Site or your downloading of any material from the Site or any websites linked to the Site.

16.2 Nothing in these Terms & Conditions shall exclude or limit the Company’s liability for;

(i) death or personal injury caused by negligence, as such term is defined by the Unfair Contract Terms Act 1977;

(ii) fraud;

(iii) misrepresentation as to a fundamental matter; or

(iv) any liability which cannot be excluded or limited under appli Private Hirele law.

16.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

17. INTERGRATED POLICY STATEMENT

The integrated policy statement of CMT has been developed to control the provision of a private hire car service for the carriage of people and light goods, thus enabling the organisation to provide a high quality professional service to its client base, working within those clients own guidelines and specifications and complying with all legal obligations and any other requirements that the company may adhere to.

The company will achieve this by operating the Company’s QMS in line with the requirements of ISO9001:2001 and ISO14001:2011.

The company aim to understand and respond to the needs of its clients and the community they serve, where appli Private Hirele, in a sustainable way. It is the objective of the management system to enable continuous improvement and at all times to prevent pollution and operate in a safe and responsible manner, in turn improving the effectiveness of the management system and client service offered.

All incidents where the specified requirements are not achieved, be it customer complaint, health and safety accident or environmental incident are reported, investigated and rectified promptly. The performance of the management system is regularly compared against the objectives of the organisation at the company’s regular management review meetings.

Staffs are responsible for safeguarding their working environment and the natural environment by following defined procedures, standards and good practices.

The Senior Management is responsible for implementing this policy and arrangements for quality, health & safety and all environmental issues in their respective areas of responsibility.

18. FORCE MAJEURE

18.1The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of the Company’s obligations under a Contract that is caused by an Event of Force Majeure.

18.2 In the event of an Event Of Force Majeure affecting the performance of the Company’s obligations under a Contract:

(a) the Company will contact the Customer as soon as reasonably possible to notify the same; and

(b) the Company’s obligations under a Contract will be suspended and the time for performance of the Company’s obligations will be extended for the duration of the Event Of Force Majeure. Where the Event of Force Majeure affects the delivery of the Service to the Customer, the Company will use its reasonable endeavours to arrange a new delivery date with the Customer after the Event of Force Majeure is over, provided that the Service is still needed by the Customer.

19. CONFIDENTIAL INFORMATION

The Customer undertakes to the Company that: (a) it will regard as confidential the Contract and all information relating to the business and/or products of the Company and will not use or disclose to any third party such information without the Company’s prior written consent, unless the information is in the public domain other than by reason of the Customer’s default; (b) the Customer will use its best endeavours to ensure compliance with this confidentiality provision by its employees, agents, affiliates and relatives as the case may be. This Condition shall survive the termination of the Contract.

20. PRIVACY POLICY

The Company is committed to protecting the privacy of its Customers. The Company will only use the information that it collects about the Customers lawfully (in accordance with the Data Protection Act 1998).

Information is collected for two reasons: first, to process the reservation, and second, to provide the Customer with the best possible service. The Company will not send out marketing e-mail in the future without the consent of the Customer.

The Company will give the Customer the chance to refuse any marketing email from the Company or from another trader in the future. The type of information the Company will collect about the Customer includes their name, address, phone number, email address and credit/debit card details. The Company will never collect sensitive information about the Customer without their explicit consent.

The information held by the Company will be accurate and up to date. The Customer will be able to check the information held by the Company by emailing the same. If the Customer finds any inaccuracies, the Company will delete or correct it promptly. If the Company intends to transfer the Customer’s information outside the EEA (European Economic Area), the Company will always obtain the Customer’s consent first.

21. COOKIE POLICY

Our website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.

22. ENTIRE AGREEMENT

These Terms & Conditions, including the Privacy Policy, constitute the entire agreement between you and the Company in relation to its subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever.

The failure by the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, you and the Company nevertheless agree that the court should endeavour to give effect to the intentions reflected in the provision and the other provisions of the Terms & Conditions shall remain in full force and effect.

23. GOVERNING LAW AND JURISDICTION

These Terms & Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts.